Florida

Your Evidence Lesson For the Day!

I don't mean to pick on Steven Chapman Fraser, who was appearing at a hearing recently on behalf of David J. Stern.

Hey, a guy's got to work.

But take a gander at this transcript of a motion for rehearing on a foreclosure summary judgment previously granted by Pinellas County Judge Anthony Rondolino.

The homeowner's counsel is Michael Alan Wasylik of Dade City.

Judge Rondolino starts by saying there is substantial merit to the rehearing motion, and wants to hear what the bank has to say.

Fraser, appearing by phone, responds with general stuff about the rehearing standard.

Judge: "Did you not read the motion?"

It goes downhill from there.

At one point Fraser attempts to rebut arguments regarding the admissibility of an affidavit submitted in support of the sj, which defendant objected to:

Mr. Fraser: Yes, Judge. You know, Courts can take hearsay evidence at the summary judgment proceeding. I believe there is a case -- I don't have it with me --

The Court: Yes, what is that, Courts can take it?

Mr. Fraser: Yeah. Sure. My understanding is that the Court at the summary judgment level can accept hearsay.

The Court: Over objection? I --

Mr. Fraser: I do have a case that stands for the proposition, not on me, that Courts can take hearsay evidence at the summary judgment level.

The Court: Okay.

Mr. Fraser: Whether or not over objection, if it's objected to, I --

The Court: Over objection?

Mr. Fraser: I have no case to either support or refute that.

How do you think the Judge ruled?

Full post as published by South Florida Lawyers on April 13, 2010 (boomark / email).